Francis v Francis

The case of Francis v Francis involved a dispute regarding the administration of an estate following the presumed death of the defendant, the plaintiff’s father. The plaintiff sought a declaration that her father was presumed to have died before her mother, who passed away in 2020, and thus, she was entitled to administer her mother’s estate under the intestacy provisions. The legal issues centred on the application of relevant provisions in the Conveyancing Act 1919, particularly section 35, which governs the presumption of death in the context of estate administration.

The court needed to determine whether the plaintiff's father could be presumed dead and, if so, whether the presumption of death occurred before the mother’s death. The court also had to consider the implications of the plaintiff’s lack of contact with her father for 25 years on the presumption of death. The key issue was whether the absence of contact and the passage of time provided sufficient grounds to presume the father’s death under the applicable statutory provisions. The court examined the evidence and circumstances surrounding the plaintiff’s relationship with her father to assess the likelihood of his death and the applicability of the presumption.

The court found that the plaintiff’s lack of contact with her father for 25 years, coupled with the circumstances of the case, supported a presumption of death. The court held that the plaintiff’s father was presumed to have died before her mother, which allowed the plaintiff to apply for administration of her mother’s estate on intestacy. The court relied on the provisions of the Conveyancing Act 1919, specifically section 35, to support its decision. Consequently, the court granted the plaintiff’s application for a declaration of presumed death and the administration of her mother’s estate.